As described in the grandparent U.S. Pat. No.(5,106,233) of the present invention, a plurality of barrier members may be connected together and buried in the ground to provide a surrounding containment barrier interfacing with, for example, an underlying strata of clay or the like, to effectively isolate, for example, hazardous wastes from the surrounding ground. Such a system, which effectively isolates ground on one side of the wall from ground on the other side of the wall, can be used, for example, to prevent the migration and leaching of hazardous fluid substances into, e.g., the water table.
In order for such a system to be effective and reliable, it is highly important to provide a secure, long-term seal between the juxtaposed barrier members to prevent any leakage of the contained substances from flowing or migrating between the adjacent, interconnected barrier members, which would otherwise allow the wastes to circumvent their containment. It is also highly important that the interconnections themselves be mechanically strong and reliable on a long-term basis.
A list of prior patents which may be of interest is presented below:
______________________________________ Patent No. Patentee(s) Issue Date ______________________________________ 785,274 Schleussner 03/1905 910,421 Schleussner 01/1909 2,101,285 Stevens 12/07/1937 2,232,845 Fieroh 02/1941 2,937,065 L. Harza 05/17/1960 2,961,731 Buzzell et al 11/29/1960 3,302,412 Hunsucker 02/07/1967 3,326,003 Marconi 06/1967 3,411,305 A. Cella 11/19/1968 3,422,627 Courte 01/1969 3,839,871 Dyer et al 10/1974 3,848,855 Weiland 11/19/1974 3,886,705 Cornland 06/03/1975 4,059,964 Pavese 11/1977 4,358,221 Wickberg 11/1982 4,376,599 Krings 03/1983 4,414,030 Burkemper 12/1983 4,453,366 Piccagli 06/1984 4,519,729 Clarke et al 04/1985 4,601,615 Cavalli 07/1986 4,664,560 Cortlever 05/1987 4,687,372 Thornton 08/1987 4,741,644 Cavalli et al 05/1988 4,808,039 Fischer 02/28/1989 ______________________________________ Foreign Patent Docs. ______________________________________ Japan 58-33640 S. Takahashi Japan 56-70322 H. Kazuhara Italy 455857 ______________________________________
With respect to the interconnecting of two in-ground barrier members, several of the above referenced patents may be considered particularly pertinent to the present invention. Note, for example, U.S. Pat. 4,664,560, as well as a flyer publication entitled Gundle.RTM. bearing a copyright (.COPYRGT.) notice of 1991 and distributed by Gundle Lining Systems, Inc. of Houston, Tex., a copy of which is being filed with the U.S. Patent & Trademark Office in connection with this application.
With respect to the "Gundle" publication, it is not clear that this is prior art because the date of first publication or use of the illustrated system is not known to Applicants and its 1991 copyright notice date is well after the filing date of the instant application's grandparent '233 U.S. Pat. filed Aug. 25, 1989.
It is also noted that the seal and joint generally shown in the publication is no more relevant than that shown in the '233 grandparent case filed in 1989, which disclosed a similar seal and joint. The present invention is directed to a joint and seal system which is substantially improved and patentable over both the grandparent disclosure, as well as the Gundle publication's disclosure.
With respect to the Cortlever U.S. Pat. No. 4,664,560, which is also similar in general approach to that of the grandparent patent and the Gundle publication, the following differences, inter alia, from the present invention are noted. The preferred embodiments of the invention preferably employ a somewhat U-shaped packing gasket (note, for example, FIGS. 4, 8 & 11 hereof) designed in such a way that they can accommodate a great deal of distortion without leakage. Due to this design the preferred joints of the invention become tighter under tension and are not affected by compression on the joints.
In contrast, Cortlever employs a poured-in mastic, hot wire heat fusion or a water expandable seal. The first two techniques are not very reliable under field conditions where the surfaces are likely to be dirty. Additionally, there is some question how well such a water expandable seal will work when subjected to alternate drying and wetting.
Comparing the joint design of the second, alternate embodiment (i.e. FIG. 5) of the present invention to that of the most preferred embodiment (FIGS. 2 & 3 hereof), a twenty (20%) percent improvement in strength was achieved by the interlocking lugs utilized in the latter design. It should be note that these types of lugs are not employed by Cortlever.
Likewise the present invention does not employ nor need to employ Cortlever's guide ridges 3 (see its FIG. 5), as the body of the male connector of the preferred embodiments of the invention can be guided directly.
Other of the above listed patent documents disclose other forms of joints, some of which are "knuckle" type joints (note, for example, U.S. Pat. 4,808,039), which are clearly and patentably distinguishable from the present invention and not as relevant as the in-ground joint and seal approaches discussed above.
Thus, in comparison to the prior art the present invention provides a long-term reliable, practical, and cost effective solution to the prior art problems of joining and sealing the interfacing engagement between two, interconnected, in-ground barrier members.
Some further additional patents of interest are listed below:
______________________________________ Patent No. Patentee(s) Issue Date ______________________________________ 1,007,718 J. I. McGill 11/07/11 1,713,675 R. L. Parish 05/21/29 1,937,758 F. R. Harris 12/05/33 2,355,102 O. R. Odman 08/08/44 3,302,412 W. A. Hunsucker 02/07/67 3,479,827 A. R. S. Morrice 11/25/69 3,593,528 J. R. Pavese 07/20/71 3,864,921 Marx et al 02/11/75 4,059,964 Pavese 11/29/77 4,090,365 Nieber 05/23/78 4,145,891 Krings 03/27/79 4,194,855 Egger 03/25/80 4,259,028 Cook 03/31/81 4,407,612 van Weele 10/04/83 4,453,861 Bretz et al 06/12/84 4,484,835 van Klinken 11/27/84 4,519,729 Clarke, Jr. et al 05/28/85 4,537,536 Tsubonuma et al 08/27/85 4,607,981 van Klinken 08/26/86 4,657,442 Krings 04/14/87 4,659,260 Morelli 04/21/87 4,664,560 Cortlever 05/12/87 4,671,705 Nussbaumer et al 06/09/87 4,673,316 Nussbaumer et al 06/16/87 4,679,965 Glaser et al 07/14/87 4,697,953 Nussbaumer et al 10/06/87 4,741,644 Cavalli et al 05/03/88 4,753,551 Brueggemann et al 06/28/88 4,797,158 Harriett 01/10/89 4,808,039 Fischer 02/28/89 4,909,674 Konno et al 03/20/90 4,917,543 Cole et al 04/17/90 4,927,297 Simpson 05/22/90 4,929,126 Steenbergen et al 05/29/90 4,981,394 McLaren et al 01/01/91 4,993,880 Collins 02/19/91 5,013,185 Taki 05/07/91 5,096,334 Plank 03/27/92 ______________________________________
The '718, '675, '758, '412, '039, '543 and '394 patents are considered to be more pertinent to the sealing aspects of the invention; the '827, '528, '921, '964, '365, '891, '028, '442, '260 and '334 patents are directed to various types of "trench boxes;" the '855, '612, '835, '861, '729, '536, '981, '705, '3 16, '965, '953, '644, '55 1, '158, '039, '297, '126, '880 and '185 patents are considered to be more pertinent to the over-all system of the invention; while the '102, '412, and '126 patents are considered to be more pertinent to various profiles used in various types of male/female joints used in a number of different items, some non-analogous to the present invention and all of which are significantly different from those used in the present invention, particularly those uses in the interconnecting joints between the barrier members of the present invention.
With regard to "trench boxes", the prior art has contemplated numerous configurations for trench wall shoring devices and the like for preventing excavation cave-in, as evidenced by the sampling of patents noted above.
For example, U.S. Pat. 4,659,260 issued in 1987 for a "Trench Box" discloses a system to prevent the caving in of an excavated area, providing a reinforced shoring system. However, the guide box assembly of the present invention, which contemplates a slotted mechanism specifically configured for installing the barrier containment members of the present invention, teaches a mechanical installation system fully distinguishable from the '260 patent.
U.S. Pat. 4,090,364 to Nieber discloses a "Portal Frame for Trench Box Stack" wherein there is provided an easily assembled and disassembled system, but which nonetheless does not teach nor contemplate the mechanical aspects or template system or methodology of the present invention.
U.S. Pat. 4,059,964 issued in 1977 discloses an opposed, support wall system for the installation of trench wall sheeting in side open areas in the wall system, which are positioned against the side walls of the excavation in which the trench wall sheeting is being installed. This system, while pertinent, is nonetheless fully distinguishable from the present system, as it does not teach nor contemplate the mechanical interrelationship or methodology of the present invention.
The other patents noted are likewise distinguishable from the present invention but are included to illustrate the state of the art. In summation, the guide box assembly system of the present invention does have substantial novelty with regard to the known trench box art above, especially with regard to the mechanical aspects of the invention as utilized in the installation of the barrier member containment system of the invention.
Most of the patents noted as being pertinent to the over-all system of the invention teach or contemplate a system for containing or preventing the lateral migration of fluids through the soil via fluid impermeable fabric or plastic sheeting subterranean structures or the like.
These patents typically rely upon a bentonite slurry or similar liquid means of preventing the caving in of the excavated area, and are thereby much more expensive to install when compared to the present invention. Further, these systems are distinguishable in their interlocking means for the various barrier members, which include systems which do not even contemplate a sealed connection along the various joined members, substantially reducing, if not eliminating, any reliable containment of toxic fluid wastes.
U.S. Pat. 4,679,965 to Glaser et al entitled a "Method and Apparatus for Installing Panels into Recesses in the Ground" discloses a containment system wherein a trench is excavated and filled with the slurry, and large high density polyethylene (HDPE) sheets are engaged through slotted arrangements in the trench to form a barrier. This system is distinguishable from the present system, as it utilizes a different profile, no seal, and no guide box assembly in the installation.
The noted patents further include unusual devices for excavating areas for the installation of containment systems, such as, for example, U.S. Pat. 5,013,185, issued in 1985 to Osamu Taki for a "Multi-Shaft Auger Apparatus and Process for Fixation of Soils Containing Toxic Wastes", as well as other similar excavation systems. For another multi-auger apparatus, note U.S. Pat. 4,537,536 to Tsubonuma et al for a "Process and Apparatus of Constructing a Water Tight Underground Pile Wall ".
For a solid barrier containment system, see U.S. Pat. 4,407,612 to van Weele, which discloses a partially load bearing wall comprised of curved concrete shell members, connected via spreader joints. This patent is readily distinguishable from the present invention, as it teaches a totally different structure, operation, and installation from the present invention.
U.S. Pat. 4,453,861 to Bretz et al teaches an in situ system for pouring concrete to form barrier containment walls and is likewise readily distinguishable from the present invention.
With regard to the noted seal and the male/female profile patents, there is included various sealing means for panel members and other pertinent systems. For example, Cortlever U.S. Pat. No. 4,664,560 issued in 1987 teaches a subterranean containment system wherein there is provided (note FIG. 3) a heat activated seal for preventing the lateral migration of liquid therethrough. The system as taught is clearly distinguishable from a patentability standpoint.
U.S. Pat. 4,917,543 issued in 1990 teaches a "Wall System Employing Extruded Panel Sections" wherein there is taught a connector element (25) which may also act to seal the various installed panels. Again, however, this system is distinguishable from the present invention.
U.S. Pat. 3,302,412 issued in 1967 discloses a lug member 30 (note FIG. 2) configured to space the sheet piling into a proper interlocking installation. Also taught is the disposition of a sealant (36, FIG. 7) for preventing leakage of the system. Again, however, this is still just another profile and seal means which is clearly distinguishable from the present invention.
The Simpson '297 patent forms an impermeable barrier in an excavation made down to bedrock to contain waste materials in the ground, in which a sheet of impervious material, such as a fabric carrying a substantially dehydrated sodium-bentonite clay, is placed along the side walls of the excavation, and the rest of the excavation is then filled with concrete.
The van Klinken '835 & '981 patents are directed to waste containment systems in which "more or less flexible sheets or foils" are introduced into the soil by means of a "lance."
In the Nussbaumer et al '953 patent a fluid sealing material is introduced through pipes into the ground which thereafter solidifies, sealing the wastes in a dump. The Brueggemann et al patent likewise uses a piping system to provide "a sealing screen for waste dumps." The Nussbaumer et al '316 patent uses slotted wall connections which must be flushed out prior to using plastic foil sealing elements for sealing two adjacent barrier wall sections.
In the Cavalli '644 patent initially vertical coupling members are formed in spaced bore holes in the ground, with the space between them excavated, and then a sandwich of high density polyethylene sheets with an internal mesh is connected between the coupling members, forming an "environmental cut-off and drain." In the Clarke et al '729 patent a trench is made and a series of membrane fluid barriers are placed in it suspended between slotted ends connectors.
The Konno et al '674 patent forms "an underground continuous water-impervious wall" by rolling out an impervious sheet of material into a trench and charging a hardening material against the opposite side surfaces of the impervious and allowing the material to harden. In the Steenbergen et al patent a screen of flexible material is fed into a trench typically in a folded over fashion, with the top of the fold being held up by appropriate means in the untilled trench.
The Cortlever '560 patent, referred to above in connection with seals, also discloses the use of dam wall sheets (1) of stainless steel or of a synthetic resin are sequentially inserted into the ground using a enclosing, vibrating, injection guide (19) aided by earth loosening water jets (29), with one sheet being vertically engaged with the preceding dam sheet via male/female edge joints which are slid together. After one dam sheet is inserted into the ground, the vibratory injection guide is withdrawn to then be used for the next dam sheet.
The presence of all of these diverse, attempted "solutions" of the past to the challenge of forming an impermeable barrier about a waste area to be contained and the prior existence for many years of the various means used in the present invention to successfully meet this challenge provide further objective indicia or evidence of the "unobviousness" and patentability of the invention.